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HomeMy WebLinkAboutMINUTES-08/19/1975-Regular�s August 1.9, 1975 COUNCIL OF CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 P.M. A Regular Meeting of the Council of the City of Fort Collins was held on Tuesday, August 19, 1.975, at 5:30 P.M. in the Council Chamber in the City of Fort Collins City.Hal.l.. Mayor Russell called the meeting to order noting the following Councilmembers present: Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson, (Councilwoman Gray came in later). Staff members present: Bnmton, DiTullio, Bingman, Kaplan, Smith, Cain and Hoffman. Also: Assistant City Attorney Ramsey Myatt.. Approval of minutes from August 5, 1975 meeting tabled Mayor Russell stated that because the minutes from the meeting of. August S, 1975 had not been received until the beginning of this meeting, this item should be tabled to the next meetuig. Councilman Bo -,,,,ling made a motion to table this item to the next reg- ularly scheduled meeting, seconded by Councilman Bloom. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn, and Wilkinson. Nays: None. Ordinance adopted on Second Reading zoning tlne Griffin -West Prospect Street pro ep rt.}, Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ordinance No. 46, 1975 on second reading. Yeas: Council - members Bloom, Bowling, Reeves, Russell, Suinn, and Wilkinson. Nays: None. ORDINANCE NO. 46, 1975 BEING AN ORDINANCE M11 NDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING TI'.E ZONING CLASSIFICATION FOR CERTAIN PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That the zoning district map of the City of Fort Collins, Colorado, adopted by tine zoning ordinance of the City of Fort Collins, is hereby amended by placing the following described property in the City to -wit: 95 96 Lot 1, of the Hauser Subdivision in the NE 1/3 of the NE 1/4 of Section 23, 'Township 7 North, Range 69 West of the 6th P.M., per plat of record; and part of the NE 1/4 of Section 23, Township 7 North, Range 69 West of the 6th P.M., Fort Collins, Colorado, which, considering the North line of said NE 1/4 as bearing East and West and with all bearings contained herein relative thereto, is all more particularly described as follows: Begin at a point on the said North line which bears East 1552.95 feet from the North 1/4 corner of said Section 23 and run thence East 226.40 feet; thence S 00*20' E 708.30 feet; thence West 276.40 feet; thence N 00°20' W 478.30 feet; thence East 50.00 feet to the Southwest corner of Lot 1 of the Hauser Subdivision; thence N 00020' W 230.00 feet to the point of beginning, being subject to a right-of-way over the northerly 30.00 feet thereof for West Prospect Street in zoning districts as follows: the North 130.00 feet of said property in the B-L, Limited Business District; and the r remainder of said property in the C, Commercial District. Introduced, considered favorably on first reading, and ordered published this 5th day of August, A.D. 1975, and to be presented for final passage on the l9t.h day of August, , A.D. 1975. Mayor ATTEST: City "Clerk Passed and adopted on final reading this 19th day of August, A.D. 1975. �[�lyoryor a ,a ATTTE��S//T : CvCG'U.�� --� utY) 0 96 1 First Reading: Second Reading: Dates published Attest: August S, 1975 August 19, 1975 August 10, 1975 City C1.er c (Depu" (Vote: Yeas: 6, Nays: 0) (Vote: Yeas: 6, Nays: 0) and August 24, 1975 Ordinance adopted on second reading regulating the conduct of Going -Out -Of: -Business Sales Councilman Suinn made a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 47, 1975 on second reading. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, .Su um, and Wilkinson. Nays: None. ORDINANCE N0, 47 1975 BEING AN OP.DINANCE REGULATING THE CONDUCT OF GOING -OUT -OF -BUSINESS SALES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. Definitions. The following words and phrases shall be considered to have the meaning hereinafter indicated: A. "Going -out -of -business sale" is a sale held out in such a manner as to reasonably cause the public to believe that, upon the disposal of the stock of goods on hand, the business will be discontinued and terminated. Going -out -of - business sales include, but are not limited to, the following sales: adjustors; adjustment; alteration; assignees; bankrupt; benefit of administrators; benefit of creditors; benefit of trustees; building coming dorm; closing; creditors committee; creditors; end; executors; final days; forced out; forced out of business; insolvent; last days; lease expires; liquidation; loss of lease; mortgage sales; receivers; trustees; quitting business. B. "Goods" shall mean and include any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder. 97 '98 Section 2. License Required. A 'license issued by the Director of Finance shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be a going -out -of -business sale. Such license shall be obtained by filing an application for a license with the Director of Finance on a form furnished by him. The application fee shall be Twenty -Five Dollars ($25.00). Section 3. Eligibility for License. A. Any person who has not been the owner of a business advertised or described in the application for a license here- under for a period of at least six (6) months prior to the date OIL the proposed sale shall not be ;;ranted a license; provided, however, that upon r_he death of a person doing business in the City of Fort Collins, his or her heirs, devisees, legatees, or personal representatives, shall have the right to apply at any time for a license hereunder. B. Any person who has held a sale regulated hereunder at. the location stated in the application within one (1) year prior to the date of application., shall. not be granted a license for a sale of the same type of goods. C. The provisions of this ordinance shall not apply to or affect the following persons: 1. Persons acting pursuant to an order or process of a court of competent jurisdiction. 2. Persons acting in accordance with their powers and duties as public officials. 3. Duly licensed auctioneers selling at auction. 4. Persons conducting a sale of the type regulated herein or, the effective date of this ordinance, unless such sale is continued for a period of more than forty-five (45) days from and after such effective date, in which event, such person at the lapse of said ninety -clay period, shall comply with the provisions of this article. Section 4. Term of License. Any license granted hereunder shall authorize.the sale described in the application for the period of time requested by the applicant, not to exceed forty- five (4.5) consecutive days, Sundays and legal holidays excluded. Any license holder may apply for two extension;of the license not to exceed an additional thirty (30) dayseach. An application fee shall be charged by the Director of Finance on an applica- tion for extension in the amount of Fifty Dollars ($50.00). 98 1 1 Section 5. Application for License. •The license applica- tion shall contain such information as required by the City Manager and the Director of Finance, including the following: A. The true name and address of the owner of the goods to be the object of the sale. B. A description of the place where such sale is to be held. C. The nature of the occupancy of such place, whether by lease, sublease or otherwise, and the effective date of r+, termination of such occupancy (if applicable). p^ D. The date and period of time in which the sale is r7 to be conducted. E. A full and complete statement of the 'facts in regard to such sale, including the reason for the urgent and expeditious disposal of goods thereby and the.manner in which the sale will be conducted. F. An inventory or statement in such form and in such detail as the City Manager may require setting forth the amount and description and kind of goods to be sold at such sale and ' when required by the City Manager, the date of acquisition of such goods, the persons from whom obtained, and the place from which said goods were Last taken. Section 6. Issuance of License. Upon the filing of an application, the Director of Finance shall refer the same to the City Manager, who shall make or cause to be made an investiga- tion, examination or audit of the applicant and his affairs in relation to the proposed sale. The incestigaftojj of the City Nmiager shall he con.pletcd and action t:ai-.en on the apglicati.on uy tho City iaithi.n seven (7) days after films; of ti:e apnlic::Ci.on. If the O: ty (tanager hods the statements in the application are true and complete and the proposed method of conducting the sale is not such as to work a fraud on purchasers by misrepresentation or deception, then he shall direct the Director of Finance to issue a license; otherwise, the license shall be denied. The City Manager may deny a license on insufficiency of information in the applica- tion, statement or inventory, but in that event he shall notify the applicant in writing of the specific grounds of insufficiency and shall grant the applicant time within which to file an amended or supplemental application, statement or inventory. No applica- tion shall be denied unless an opportunity is given to the applicant for a hearing within five (S) days after written notice of Intent; to Deny. 99 100 Section 7'. Duties of Licensee. Any licensee hereunder shall: A. Refrain from employing any untrue, deceptive or misleading advertising. B. Limit the sale of goods under such special sale to those goods on hand or on order as of the license application date, unless and until the applicant has filed a supplemental application and inventory or statement for said additional goods with the City Manager, and the City Manager has found that said additions'are required or desirable to aid in the conduct of the sale of goods in the original inventory. Said supplemental inventory or statement shall be in such form and detail as may be required by the City Manager. If said supplemental inventory or statement is found to be insufficient, written notice thereof shall be given to the applicant and he shall be granted permission to amend the same. The applicant shall not be denied the right to add .iddi.tional goods unless he is given an opportunity for a hearing within five (5) days after written notice of intent to deny the application. C. Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto. D. Cease all advertising or such special sale on the ' expiration date of the license or any renewal thereof. E. Post conspicuously in the place of business the license document issued by the Director of. Finance. F. Keep any other goods separate and apart from the goods listed in the filed inventory as being the objects of sale and make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale advising the public of the status of all such goods. Section 8. License Not Transferable. No license issued hereunder shall be assignable or transferable. Section 9. Power to Suspend or Revoke. In addition to any other penalties herein provided, the City Manager shall have the power to suspend or revoke at any time any license granted under this ordinance whenever any such sale is conducted in violation of the provisions of this ordinance or the licensee breaches any duty imposed upon him by the terms hereof. No license shall be suspended or revoked without granting the licensee an opportunity for a hearing after at least five (5) days written notice of the date set for such hearing and a concise written statement of the alleged violation. 100 101 Section 10. Penalty. Each day that a person shall violate any of the provisions or this ordinance shall be deemed and considered to constitute and shall constitute a separate offense and shall be punishable as such. Any violation shall be con- sidered a misdemeanor and shall be punishable as any other violation of the Code of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 5th day of August, A.D. 1.975, and -to be presented for final passage on the 19th day of August, A.D. 197:. r l/ I /IZ14 �r ATTEST y iayor GL-1 -T IC Let- -city Clerk Passed and adopted on final reading this 19th day of August, A.D. 1975. ATTEST: )n'(1C5fi i 'Mayor 1 � /� City Clerk utY) 1 First Reading: August 5, 1975 (Vote: Yeas: 6, Nays: 0) Second Readv.g: August 19, 197S (Vote: Yeas: . 6, Nays: 0) Dates Published: August 10, 1975 and August 24, 197S Attest: Crty Clerk (Del>uf, Ordinance adopted on second reading annexing the Excellart Annexation ColL ilman Bowling made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 48, 1975, on second reading. Yeas: Council - members Bloom, Bovli.ng, Reelres, Russel]., Sui:nn, and Wilkinson. Nays: None. 101 02 • ORDINANCE NO. 48 , 1975 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE EXCELLART ANNEXATION TO THE CITY OF FORT COLLINS WHEREAS, heretofore, a written petition., together with four prints of an annexation map was filed with the City Clerk of the City of Fort Collins requesting the annexation of certain territory more particularly described below to the City, and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended, and WHEREAS, the owners of 100% of the property to be ' annexed have petitioned for said annexation, and WHEREAS, not less than one -sixth (1/6th) of the perim- eter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins, and anal s WHEREAS, none of the provisions of Colorado Revised Statutes, 1973, Section 31.-8-105 as amended, are violated by 102 103 the annexation of this territory to tho City, and WHEREAS, no election is required under the provisions of Colorado Revised Statutes, 1973, Section 31-8-107(2), as amended, and no additional terms and conditions are to be imposed in connection with this annexation, and WHEREAS, the territory is eligible for annexation and ezt the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE Ci. CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: ' A tract of land situate in the Southwest 1/4 of Section 1, Township 7 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the West line of said Southwest 1/4 -as bearing due North, and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears North 948.20 feet, and again East 230.00 feet from the Southwest corner of said Section 1, and run thence North 94.70 feet; thence N 89054150" E 200.00 feet; thence South 94.70 feet; thence S 89054150" W 200.00 feet to the point of beginning, containing 0.4348 acres, more or less. C' be and it hereby is annexed to the City of Fort Collins and made a part of said City to be known as the EXCELLART Annexa- tion to the City of Fort Collins. Section 2. That in annexing said territory to the City of Fort Collins, the City does not assume any obligation 103 1 0 4. respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 5th day of August,_A.D. 1975, and to be presented for final passage on the 19th day of August, A.D. 1975. Mayor ATTES,2i: City Cleric Passed and adopted on final reading this 19th day of August, A.D. 1975. Mayor ATTEST: City Clerk utyj— First Reading: August 5, 1975 (Vote: Yeas: 6, Nays: 0) Second Reading: August 19, i975 (Vote: Yeas: 6, Nlays: 0) Dates Published: August 1.0, 1.975 and August 24,-1975 Attest: IF "— City Clerk Depi 104 I 1 1 Ordinance adopted on second reading zoning the Excel.lart Annexation Councilman Wilkinson made a motion, seconded by Councilman Suinn to adopt Ordinance No. 49, 1.975, on second reading. Yeas: Council - members Bloom, Bowling, Reeves, Russell, Suinn, and Wilkinson. Nays: None. ORDINANCE NO. 49, 1975 BEING AN ORDINANCE AMENDING CHAPTER 1.18 OF THE CODE OF h- THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING `^ ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE cy: PROPERTY INCLUDED IN THE EXCELLART ANNEXATION TO THE C CITY OF FORT COLLINS, COLORADO :3r BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: I Section 1. That the Zoning District Map adopted by ' Chapter 118 of the Code of the City of Fort Collins, be and the same hereby is changed and amended by including the property known as the Excellart Annexation to the City of Fort Collins, Colorado, in the C, Commercial District. Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this ordinance. Introduced, considered favorably on first reading, and ordered published this 5th day of August, A.D. 1975, and to be presented for final passage on the 19th day of August, A.D. 1975. 105 ,106 Nayor ATTEST: Z4 Clerk Passed and adopted on final reading this 19th day of August, A.D. 1975. ZI Mayor ATTEST: City Clerk, gpiputy) First Reading: August S, 1975 (Vote: Yeas: 6, Nays: 0) Second Reading: August 19, 1975 (Vote: Yeas: 6, Nays: 0) ' Dates Published: August_10, 197S and August 24, 197S Y Attest: Ci� k (Depi Ordinance amended, and adopted on second reading relating to establishing the Enterprise Fund City Manager, Robert Brunton, spoke at length explaining the following memo and the need to aanend this ordinance before it is adopted on second reading. At the August 5, 1975; Council. meeting, Ordinance No. 50, 1975, was passed on first reading. Since that time we have bean more concerned about our cash flow and cash crunch. Although all of the special funds and accounts recommended 'are valuable, after review and analysis, we feel it, would not be advanLageous to implement all of them at this time. 106 �07 The Golf Course Fund should be separate because to a large degree it is self- contained. It does not require any revenue from the General Fund to provide for the operation of. the Course. 'Mis is one of our few self-supporting operations. The only deviation f.ron this is that we have used Revenue Sharing money for some of the capital programs, we hope to do a bit more in capital improvements at the Golf Course with Revenue Sharing funds. The Equipment Fund is already a special fund and is self-contained from a financial standpoint. Although it would be good to establish a P,u:i.lding and Grounds Fund and a Ccm,�tery Fund, we feel these should be delayed. Both account., are now in the Gen._ral Fund. If these accounts were separated, we would need to transfer more money as operating cash than the normal amount of addi.ti.onal revenue needed to make up the amount between revenue received and operating expendi- tures. In other words, if our operating loss in the Cemetery was $50,000, we would have to transfer considerably more than $50,000 into a special fund to build up working cash. The. money we try to retain in the General. Fund as unencumbered cash is used to take care of our working or operating cash money on a total basis for all accounts in the General Fund. In spite of his recommendation, it should be fully understood that we are preparing to male more complete reports for you in both of these areas and other areas as to the total operating costs of these operations. Rey :::mendsaioi;: T'he Admi.nist:-, cion r.econrends that the Cniincil amend Ordinnncc No. 50, i.975, ? follows: A. Delete Section 1. B. Amend Paragraph H-1 in Section 2 to read as follows: (1) Assets in such fund shall be segregated into separate accounts which shall describe the purpo-;i:.. :.>r which such accounts were. placed in the Enterprise Fund. :'.uch account -shall initially i.ncluda a Golf Course Account. ':'he Golf Course Account shall consist of all golf course assets in the General Fund as of the effective date of this ordinance. The Director of Finance is directed to identify -nd segregate such assets and to place the same in the fund her.ehy created. To tie incli:ded in the to be appropriated to this fund shall be all amounts appropriated into the General Fund for the year 1975 related to the golf courses of the city. After amending the ordinance as specified above, the Administration recommends. passage of the amended ordinance on second reading. Cowicilman Bowling made a motion, seconded by Councilwoman Reeves to amend the ordinance as reconmiended above by the administration. Ycas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn and Wilkinson. Nays: None. 107 108 Councilman Bowling node a motion, seconded by Councilwoman Reeves to adopt Ordinance No. 50, 1975, as amoncled on second reading. Yeas: Bloom, Bowling, Reeves, Russell, Suiml and Wilkinson. Nays: None. ORDINANCE NO. SO, 197S BEING AN ORDINANCE AMENDING SECTION 30-2 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY T11 COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 30-2 of the Code of the City of Fort Collins be, and the sync hereby is, amended by adding thereto an additional Subsection ll as follows: "H. Enterprise Fund. There is hereby created a special fund to be knownt as the "Enterprise Fund". Such finer -,Ball consist of accounts representing revenue producing enterprises of the City which the City Council desires and directs be maintained as separate accouults. "(I) Assets in such fund shall be segregated into separate accounts thick shall describe the purposes for which such accouLs were placed in the Wurprise Fund. Such accounts sill G init illy include a Golf Course Account. The Golf Coutse Aaccount shall consist of all q>lf course assets in the General Fund as ct the effective date of this ordinance. The. Director of Finance is directed to identify y ai.c.l segregate such assets and to place the same in the fain hereby created. 10 be included in the assets to to .appropriated to this fund shall be all amounts appropriated into the General Fund for the year 197S related to the golf courses of the city. "(2) Sitore shall be deposited to such fund such amounts as tine City Council may from time to ti!:�e appropriate to this fund, aril in addition, all incomo fro:n the assets of the accounts in this fund shall become an asset of the appropriate account in the fluted. "(3) ILxpenditures may be made from such fund from time to time to satisfy the purposes for which such anuunts were received or appropriated and disbursanonts from accounts within the fund shall be wad; only for the purpose for which such account was created; provided, however, that if there are aehounts in any aa:w.ntt in excess "f the an,o.::.t rcgaircd to satisfy oche purpose o1 such account., the Wi vicil may, by ordaoLaw, authorize the transfer of such excess amount to any other account or any other fund of the City." 108 109 44 1 Introduced, published this 5th for final passage ATTEST: Ci,,y C er considered favorably on first day of August, A.D. 1975, an on the 19th day of August, A. reading and ordered d to be presented D. 1975. 2�' / 1 ", ��" � 'e, � f '2' L �' 6, Z-/ Mayor Passed and adopted on final reading this 19th day of August,.A.D. 1975. j-2 ATTEST: Mayor City �Uty) First Reading: August 5, 1975 (Vote: Peas: 6, Nays: 0) Second Reading:. August 19, 1975 (Vote: Yeas: 6, Nays: 0) Dates Published: August 10, 1975 and August 24, 1975 Attest: A�� Ordinance adopted on second reading authorizing the Insurance of Bonds to Pay the Cost of Construction or ➢Rprovements in Streit Improvement District No 69 Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt Ord uiance No. 51, 1975, on second reading. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Sui n and Wilkinson. Nays: None. 109 41 ORDINANCE N0. 57 , 1.975 BEING AN ORDINANCE RELATING TO STREET IMPROVEMENT DISTRICT NO. 69 AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION OR IMPROVEMENTS IN SAID DISTRICT, WHICH BONDS SHALL BE PAYABLE FROM ASSESSMENTS TO BE MADE ON THE REAL PROPERTY IN THE DISTRICT AND PRESCRIBING OTHER DETAILS CONCERNING SUCH BONDS WHEREAS, the City Council of the City of Fort Collins heretofore created by Ordinance no. 29, 1974, Street Improve- ment District No. 69 (hereinafter sometimes referred to as the "District") for the purpose of improving streets in the district with curb, gutter, sidewalk, asphalt pavement and 4. street lighting for the benefit of the properties comprising the district; and WHEREAS, the District was formed pursuant to the provi- sions of Chapter 16 of the Code of the City of Fort Collins and the Charter of the Citv of Fort Collins;.and WHEREAS, Chapter 16 of the Code of the City of Fort Collins and the Charter of the City of Fort Collins provide for the issuance of bonds to pay the cost of improvements in special assessment districts, which bonds are to be repaid through special assessments levied against the property in the District, except that whenever three -fourths of the bonds have been paid and cancelled, and if the remaining assessments are not paid in time to redeem the final bonds for the District, the City is required by Section 20.6 of 110 1 • �1� Article V of the Charter of the City of Fort Collins to pay the bonds when d,ie and levy additional ad valorem taxes necessary therefor; and WHEREAS, in order to pay the cost of the improvements installed and to be installed in said District, it is neces- sary to issue and sell special improvement bonds. c+ r NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE L_ ...... CITY OF FORT COLLINS: Section 1. 'Definitions. The terms of this ordinance define for.all purposes of this ordinance and of any ordinance amendatory hereto or supplemental hereto or relating hereto or of any instrument or document appertaining hereto except ' where the context by clear implication otherwise requires shall have the meanings herein specified. A. Bonds - means the bonds authorized and issued pursuant to this ordinance. B. Coupons - means those authorized and issued hereunder and evidencing the interest on the applicable bond or bonds. C. Hereby, Herein, Hereinabove, Hereinafter, Hereinbefore, Hereof, hereto, Hereunder - or any similar terms refer to this ordinance and not solely -to the particular portion thereof in which such word is used. D. Heretofore - means before the adoption of this ordinance. 111 1:2 E. Hereafter. - means after the adoption of this ordinance. F. Improvement District - means Street Improvement District No. 69. G. Project or Improvement Project - means the improvements authorized and constructed pursuant to the ordinance creating street Improvement District No. 69. H. Purchaser - means such person or persons as shall purchase the bonds from the City. Section 2. Construction. This ordinance, except where the context by clear implication herein otherwise requires, shall be construed as follows: A. Definitions include both singular and plural. B. Pronouns include both singular and plural and , cover all genders. C. Any percentage of bonds is to be figured on the unpaid principal. amount thereof then outstanding. Section 3. Ratification. All action heretofore taken by the City Council and the officers of the City directed toward the project and the issuance of the bonds hereunder be, and the same hereby is ratified, approved and confirmed. Section 4. Authorization of Bonds. For the purpose of paying the costs of the project, bonds of the City of Fort Collins in the aggregate principal amount of $360,000.00 are hereby authorized to be issued, which bonds shall be 112 113 payable both as to principal and interest solely out of the proceeds from special assessments to be levied against, property in the District, except that as.provided in Section 20.6 of Article V of the Charter of the City of Fort Collins whenever three -fourths of said bonds have been paid and cancelled and if for any reason the remaining assessments ct ^� are not paid in time to redeem the remaining bonds, the City r L2 shall pay the bonds when due and levy additional ad valorem 1' taxes necessary therefor and reimburse itself by collecting the unpaid assessments due the district. The City pledges irrevocably such income from special assessments to the payment of the bonds and the interest thereon. Section 5. Bond Details. The bonds shall be payable to the bearer, shall be dated July 1, 1975, and due July 1, 1986. The bonds shall consist of 360 bonds in the denomina- tion of $1,000.00 numbered consecutively in regular numerical order from one (1) to three hundred sixty (360), inclusive. They shall bear interest until maturity at the rate of six percent (6%) per annum evidenced by one set of coupons payable to bearer and attached to the bonds payable semi- annually on the 1st days of. Jauary and July of each year commencing July 1, 1976. Both principal and interest shall be payable in lawful_ money of the United States of America without deduction for exchange or collection charges at the ' office of the Director of Finance of. the City of Fort Collins. 113 113 Section 6. Prior Redemption option. Bonds shall be subject to prior redemption at the option of the City in numerical order on any interest payment date, upon payment of par and accrued interest of the bond so redeemed. Section 7. Notice of Prior Red_empti_on. As provided in Chapter 16 of the Code of the City of Fort Collins, notice of any prior redemption shall be given by the Director of Finance in the name of the City; A. By publication of such notice for five (5) days in an official newspaper published in the City of Fort Collins; and B• By sending a copy of such notice by first class mail, postage prepaid to any bond holder who has furnished his post office address to the City Clerk within ten (10) days after the publication required in A above. Such notice shall specifv the number or numbers of the bonds to be so redeemed and the date fixed for redemption and such notice shall further state that on such redemption date there shall become due and payable upon each bond so to be redeemed at the office of the Director of Finance the principal amount thereof and accrued interest to the redemp- tion date, and from and after such date interest shall cease to accrue. Notice having been given in the manner hereinabove provided, the bond or bonds so called for redemption shall. become due and payable on the redemption date so designated 114 1 0 1 115 and upon presentation at the office of the Director of Finance of such called bond or bonds, together with the appurtenant coupons maturing subsequent to the redemption date, the City shall pay the bond or bonds so called for redemption. 0 Section 8. Negotiability. Subject to the provisions expressly stated or necessarily implied herein, the bonds hereby authorized shall be fully negotiable and shall have all the qualifies of negotiable coupon paper and the holder or holders thereof shall possess all rights enjoyed by the holders of negotiable instruments under the provisions of the Uniform Commercial Code. I Section 1. Form and Execution of Bonds and Coupons. Each of the bonds shall be executed in the names of and on behalf of the City and authenticated with the manual signature of the mayor, countersigned by the manual signature of.the Director of Finance with the corporate seal thereto affixed and attested by the manual signature of the City Clerk. The interest coupons appertaining thereto shall be executed and authenticated by the facsimile signature of the City Clerk. Said bonds and coupons bearing the signatures of the officers in office at the time of the signing thereof shall be valid and binding obligations of the City, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ' ceased to fill their respective offices. 115 116 . _ .. I . Section 10. Special Assessment Obligations. All of a the bonds, together with the interest accruing thereon, shall be payable and collectible solely out of the net proceeds received by the City from special assessments levied against property in the district. All of such income of the City is so pledged. The holders of the bonds may not look to any general or other fund for the payment of principal and interest on such obligations except that as provided in Section 20.6 of Article V of the Charter of the City of Fort Collins, whenever three -fourths of the bonds have been paid and cancelled and .if for any reason the remaining assessments are not paid in time to redeem the remaining bonds, the City shall pay the remaining bonds when due and levy additional ad valorem taxes necessary therefor and reimburse itself by collecting the unpaid assessments due the district.. Such bonds shall not constitute an indebtedness nor a debt within the meaning of any constitutional., charger, or statutory provision or limitation nor shall they be considered or held to be general obligations of the City. Section 11. Form of Bonds and Coupons. The bonds and the coupons appertaining thereto shall be in substantially the following form: 116 1 1 t 4 UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS STREET IMPROVEMENT DISTRICT NO. 69 F. NO. $1,000.00 The City of. Fort Collins, in the County of Larimer and State of Colorado, for value received, hereby promises to pay to the bearer hereof out of the special fund designated below, the sum of ONE THOUSAND and No/100 DOLLARS in lawful money of the United States of America, at the office of the Director of Finance of said City, on July 1, 1986, subject to call and payment, however, at any time prior thereto, as provided in the City Charter and Chapter 16 of the Code of the City of Fort Collins, with interest thereon from date until payment, payable on July 1, 1976 and semi-annually, thereafter on January 1 and July 1 of each year at the office of the Director of Finance of the City of Fort Collins, upon presentation and surrender of the annexed coupons as they severally become due. This bond is issued for the purpose of paying the costs of local improvements constructed in Street Improvement District.No. 69 in said City. This bond shall be callable on any interest payment date by the Director of Finance of the City of Fort Collins as provided in Section 16-29 of the Code of the City of Fort Collins, which provides as follows: "Whenever there are available funds in the City Treasury therefor, it shall be the duty of the Director of Finance to call in and pay a suitable number of bonds outstanding, by giving notice for five (5) days in an official newspaper published in the City. At the expiration of thirty (30) drys from L-he first publication of such notice, interest on the bonds so called shall cease. The notice shall. specify by number the bonds called, and all such bonds shall be paid in numerical order. The holder of any such bonds may at any time furnish his post office address to the City Clerk and in such event, a copy of the publication shall be mailed by the City Clerk to the bondholder at such address within ten (10) days after the date of publication." 117 This bond is payable out of the proceeds of special assessments to be levied upon the real property situate in said improvement district especially benefited by said improvements; except that as provided in Section 20.6 of Article V of the Charter of the City of Fort Collins whenever three -fourths of said bonds have been paid and cancelled and if for any reason the remaining assessments are not paid in time to redeem the remaining bonds, the City shall pay the 'bonds when due and levy additional ad valorem taxes necessary therefor and reimburse itself by collecting the unpaid assessments due the district. The amount of the assessments so to be made upon the real estate in said improvement district for the payment thereof, with accrued interest, is a lien upon the said real estate :in the respective amounts to be apportioned to said real estate and to be assessed by an ordinance of said City, and the lien created by said assessing ordinance, together with all, interest thereon, penalties for default in the payment thereof, and all costs in collecting the same, shall, from the date of the final publication of the assessing ordinance hereafter to be adopted, constitute a first and prior lien over all other liens, except general taxes, in the same manner as general taxes now provided by law. It is hereby certified and recited that the total issue of bonds of said City for said improvement district, includ- ing this bond, does not exceed the amount authorized by law; and it is further certified and recited that every require- ment of law relating to the creation of the district, the making of local improvements therein and the issuance of this bond, have been fully complied with by the proper officers of said City and that all conditions required to exist and all things required to be done precedent to and in the issuance of this bond to render the same lawful and valid have happened and been properly done and performed and did exist in regular and due time, form and manner as required by law. IN TESTIMONY WHEREOF, the said City of Fort Collins has caused this bond to be subscribed by its Mayor, countersigned by its Director of Finance, and attested by its City Clerk, under the seal of said City, and the interest coupons hereto attached to be attested by the facsimile signature of the City Clerk as of the day of , 19__ SEAL Mayor 118 IATTEST: COUNTERSIGNED: City Clerk Tlleputy) Director of Finance (Form Coupon) No. $30.00 On the 19th day of August 19 75 unless the bond to which this coupon is attached has been called for prior redemption, the City of Fort Collins will pay to bearer THIRTY and No/100 DOLLARS in lawful money, of the United States of America, at the Office of the Director of Finance of Fort Collins, Colorado, being six (6) months' interest on its local improvement bond, dated , 19 , issued for paying the costs of improvements in Street Improvement District No. 69. (Facsimile Signature) _ City Clerk Section 12. Bond Preparation, Execution and Delivery. The Mayor, City Clerk and Director of Finance are hereby authorized and directed to prepare and execute the bonds as herein provided. when the bonds have been duly executed and sold, the Director of Finance shall deliver them to the purchaser upon receipt of the agreed purchase price. The bonds shall be sold at the highest price obtainable (either above or below par) on competitive bid. Section 13. Disposition of Bond Proceeds. A. Accrued Interest and Premium. All moneys received as accrued interest at the time of delivery of the bonds from the sale thereof and any premium therefor shall 119 be deposited into the special assessment fund in an account created for the District to apply on the payment of interest next due on the bonds payable therefrom. B. Capital Improvements Fund. All other proceeds received from the sale of the bonds shall be deposited promptly upon the receipt thereof in a separate,account within the capital improvements fund earmarked for payment of the expenses incurred in constructing the improvements to be constructed in the District'. C. Investment. Except as herein otherwise provided, the proceeds derived from the sale of the bonds shall be applied solely to the project. Pending such application, the bond proceeds may be invested in such investments as shall be proper for City funds, but the City hereby covenants for the benefit of each holder of the bonds that, 1. Bond proceeds shall not be invested in such manner as to result in the loss of exemption from federal income taxation of interest on the bonds. 2. Such funds constituting in the aggregate a major portion or more of the proceeds of the bonds shall not be invested directly or indirectly in taxable obligations so as to produce an adjusted yield (including permissible adjustments for any premiums, discounts and costs) which is materially higher than the adjusted yield of the bonds and which results in the bonds constituting taxable "arbitrage 120 y bonds" within the meaning of Section 103(d), Internal Revenue Code of 1954, as amended, and the income tax regulations issued thereunder. 3. The City shall make no use of the proceeds of the bonds which will cause them to be such arbitrage bonds. 4. The covenant in this section imposes an obligation on the City to comply with the requirements of Section 103(d) of. such Code and such income tax regulations; but 5. Such sums may be otherwise invested if and when such act and regulations permit the investment to 8 be made in the manner made without causing the bonds to become such arbitrage bonds. D. Purchaser Not Responsible. Any purchaser of the bonds herein authorized however, shall in no manner be responsible for the application or disposal by the City or by its officers of the funds derived from the sale thereof or of any other funds herein designated. Introduced, considered favorably on first reading, and ordered published this Sth day of. August A,D. 1975 and to be presented for final passage on the 19th day of I August A.D. 19 7S 121 ,x,z / a or Y ATTEST: CityClerk Passed and adopted on final reading this 190h day of August , A.D. 19 5 i> C�z L _ NTayor ATTEST: City Clerk ( uty Pirst Reading: August S, 197S (Vote: Peas: 6, Nays: 0) Second Reading: August 1.9, 197S (Vote: Yeas: 6, Nays: 0) Dates Published:' August 10, 1975 and August 24, 1975 Attest: er City Clerk (Deput Bid awarded on Sale of Bonds for Street Improvement District No. fig Mr. Owen Moore of Boettcher F Company, spoke at length regarding the bonds sold for Street Improvement District No. 69. The bids were as follows: Boettcher $ Company, Inc. Bosworth Sullivan $ Company, Inc. Intorest Cost . . . . . . . . . . .$ 88,440.00 Less Premium . . . . . . . . . . . -0- Plus Discount . . . . . . . . . . . 2S,963.00 Total Interest Cost . . . . . . . .$114,403.00 NET EFFECTIVE INTEREST RATE . . . . 7.7610 122 I E. F. Mutton :; Couy>:111y, Inc. Interest Cost . . . . . . . . . . .$ 88,4-W.00 Less Premium .. . . . . . . . . . . -0- Plus Discount . . . . . . . . . . . 21,600.00 Total Interest Cost . . . . . . . .$110,040.00 NET EFFECTIVE INTEREST RATE . . . . 7.4654% Councilman Wilkinson made a motion, seconded by Councilwoman Reeves to award the bid for the sale of the special assessment bonds for Street Improvement District No. 69 to E. F. Hutton and Company, Inc. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn, and Wilkinson. Nays: None. NOTE: (This was not a regularly scheduled agenda item). Ordinance adopted on second reading regarding zoning regulations on limited indoor recreation uses Councilwoman Reeves made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 52, 1.975, on second reading. Yeas: CounciLmembers Bloom, Bowling, Peeves, Russell, Suinn, and Wilkinson. Nays: None. ORDINANCE 4,10. • 52 , 1975 BEING AN ORDINANCE AMENDING CHAPTER 1.18 OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 118-11 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto an additional definition, as follows: "LIMITED INDOOR RECREATION USE -- Establishments primarily engaged in the operation of such activities as exercise and athletic facilities, amusement and recreational services such as billiard and pool parlors, dance studios, martial arts schools, arts and crafts studios, and exercise and health clubs., but not including bowling alleys or establishments which have large scale gymnasium -type facilities for such activities as tennis, basketball and 123 competitive swimming. This definition is intended to restrict the type of recrcntional use allo%'ed to "small scale" facilities that would ! e :.; ..t i.b le with typical build and uses in the Limited Business Zoning District in which this use is allowed." Section 2. That Section 118-61 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding to the uses permitted in such zone under Subsection A thereof the following: "Limited indoor recreational uses, provided all such activities are conducted entirely within an enclosed structure." Introduced, considered favorably on first reading, and ordered published this 5th day of August, A.D. 1975, and to be presented for final passage on the 19th day of August, A.D. 1975. ATTEST: j" Mayor City Clerk Passed and adopted on final reading this 19th day of August, A.D. 1975, i ATTEST: � a City Clerk ,puty) First Reading: August S, 1975 (Vote: Yeas: 6, Nays: 0) Second Reading: August 19, 1975 (Vote: Yeas: 6, Nays: 0) Dates Published: August 10, 1975 and August 24, 1975 Attest: City Clerk (Depul x Hearing and first reading of Ordinance No. 53, 1975. relating to Vehicles and Traffic tabled 124 Councilman Bloom inquired into the intent of paragraph B. Chief Smith replied to the inquiry. Upon further examination by the City Attorney, Ramsey Myatt, it was discovered that there was an omission in the wording of paragraph B. Councilman Bloom made a motion, seconded by Councilman Wilkinson to table the hearing and first reading of Ordinance No. 53, 1975. Yeas: Councilmembers Bloom, Bowling, Reeves, Russell, Suinn, and Wilkinson. Nays: None. I]earing and first reading of Ordinance 5S, 1975 establishing a Pension Fund for the Police Department City idanager, Mr. Brunton, spoke at length exTlaining the need for this ordinance in the attached memo: A short time ago, one.of our police officers resigned and was denied the right of having returned to him his own personal contribution to the police pension. The decision not to return the money was based on an appeals court case in the State of Colorado, Members of our Police Association and Police Department have indicated dissatisfaction with this new court ruling and policy. Our City Attorney has been working with the Police Department for some time trying to rectify the situation. We now feel we have come up with a reasonable solution. Enclosed is a copy of letter of August 7th, 1975, from our City Attorney with regard to this ordinance. Mr. March's letter refers to an escalation clause which has been deleted from the ordinance under consideration. Our three pension boards are interviewing actuaries and actuarial ser✓ices to have updated factual reports on all three pension funds. We do not feel .than: any decision on an escalation clause should be considered until you receive the final actuary reports. The proposed ordinance changes the composition Of the police pension board from one police department representative to three representatives. The Mayor, City Clerk, and Director of Finance remain on die board as in the past. There are a number of other minor changes, but primarily this ordinance spells out some of the State Statutes and local ordinances in this area. Recommendation: 'llne Administration recommends that Ordinance No. 55, 1975, be adopted first reading. NOTE: (For reference of Mr. March's letter of August 7, 1975,.see Central Files). 4 125 City Attorney Ramsey Myatt, advised the Council that before the ordin- ance is acted upon there were two blanks which needed to be filled in. One on page 4 in the first paragraph and one on page 6 in the first paragraph; these blanks should read "Section 14". Councilman Bloom asked for:,l) Clarification of. Section 8-A regarding the pension payment being one half of the salary of the retiring member and is this consistent with the present plan? Is the fund actuarially sowed? Mr. Cain responded that this is consistent with the current plan and according to the last actuary report the fund is not sound. 2) Section 14-A--interest on members contribution not refundable. City Attorney Ramsey Myatt responded that this is in conformance with the State Statutes. Councilman Bowling commented that not being able to refund the contri- bution plus interest was not a problem in that one of the reasons for a pension fund naas'to use it as an incentive to keep people on the job. Councilwoman. Gray asked if there was a provision allowing for the transfer of the police officer from one jurisdiction to another; the State Statutes do allow for this. Councilwoman }reeves inquired as to who would pay the fees involved when a special examination was called for on a physical disability pension request. Councilman Suinn asked the following questions: 1) Page 2, 4th line, "All shall be voting members, including ex officio", which means non -voting. Does this undo that stateinent? 2) Page 2, defining membership, another page has an exclusion clause that says excluding civilian personnel, auxiliary police and cadets. Are these three groups also excluded in the membership of this board? Mr. Brunton stated that these persons are not members of the fiend. 3) Page 6, Section 8-A, clarification of benefits to be equal to monthly salary. P•layor Russell replied that disability benefits would be paid equal to the .full salary for 6 months. 4) Page 7, Sections 9-A and 9-B--the reference to Section 14-A does not apply. The City Attorney, Ramsey Myatt, replied that this should be corrected to read Section 8-A. 5) Finally as a matter of reference, Section 11 has been put in twice, one should be deleted. 126 Pj Councilman Wilkinson inquired: 1.) into the composition of the Board and the outcome in the case of a tie vote. Mayor Russell stated that he casts the tie breaking vote; 2) page 7, Section 9-13, the provision for a surviving spouse with several children and that possibility of benefits being paid that would be greater than the member's original salary. Mr. Cain responded that this was according to the State Statutes. Councilman Suinn made a motion, seconded by Councilman Bowling to adopt Ordinance No. 55, 1975, on first reading. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell., Suinn, and Wilkinson. Nays: None. Hearing and first reading of Ordinance No. 56, 1975 relat:inj� to Pawnbrokers, tabled After considerable discussion of this proposed ordinance, Councilman Suinn made a motion, seconded by Councilwoman Reeves to insert "actin, as an agent" following the words "law enforcement agent" in Section 1, paragraph 73-72. Ycas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn, and Wilkinson. Nays: None. 9 There was considerable additional discussion as to the handling and delivery of records to the Police Department, and paragraph 73-85A, relating to the location of the business. Councilman Bowling :nude a motion, seconded by Councilman Bloom to table the first reading of Ordinance No. 56, 1975. Yeas: Council - members Bloom, Bowling, Gray, Reeves, Russell, Suinn? and Wilkinson. .xcellart Subdivision Plat approved condi.tionaliy- Paul Deibel of the Planning Office reviewed the plat for the Council. The Planning staff recommendation is to approve this subdivision plat conditioned upon approval of the utility plans. The Planning and Zoning Board's recommendation is as follows: Discussion: This one -lot subdivision is made necessary by the Bxcellart Company's desire to enlarge their N. College Ave. building in the rear. For a building permit to be issued the rear half of the company's property must be annexed and the entire lot made a one -lot subdivision. The ordinance requires a subdivision plat even for the extension of an existing building to insure that any rights -of -way or utility easements necessary to the public are established on a legally recorded subdivision plat before construction activity takes place. 127 One of these conditions was for dedication of an additional 10' of public F.O.W. along the frontage to allow for a 100' R.O.W. on N. College Avenue. Although the subdivision ordinance requires a minimum right-of-way width of 100' for"major arterial streets," it also states that "The minimum right of way width above required shall not be required in the case of any highway ft the city designated as a federal highway . . ." (see code, CH. 99-3, B, (3)). This provision would seem to preclude the legality of requiring the additional R.O.W. dedication on this plat. This provision also seems to place a significant hurdle in the way of eventual improvement of the very congested and dangerous conditions on N. College Avenue. This subdivision plat was considered in conjunction with annexation of the site by the Planning and Zoning Board at its July 7, 1975, meeting. The Board recommended approval of the subdivision conditional upon several changes recomm- ended by staff. _ - _. . __ — _. Recommendation: Concerning the plat, the staff recommendation is for approval conditional upon approval of utility plans and easements by the City Engineer. (normally subdivisions are not put on Council agendas until utility plans are approved. This plat was put on "prematurely" to allow the R.O.W. issue to be heard.) Concerning the subdivision ordinance, the planning staff would recommend elimination of the provision exempting College Avenue from the minimum R.O.W. standards for arterial streets. Councilman Wilkinson made a motion, seconded by Councilman Blown to approve tine Subdivision plat for the Excellart Subdivision conditioned upon approval of the utility plans when they are submitted to the City Engineer's Office. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn, and Wilkimson. Nays: None. The Council also requested that the Planning and Zoning Board review our current code requirements regarding major arterial streets and their relationship to designated federal highways and then make recom- mendations for change. (See Code, Chapter 99, Section 5, paragraph B-10). City Manager, Mr. Brunton, recommended that the charge to the Planning and Zoning Board should be "how to improve North College Avenue, what steps should be taken, what changes to the ordinances will be needed." Sole Source Purchase of Microfilming Equipment, approved Councilman Blown made a motion, seconded by Councilman Wilkinson that the purchase from Kodak for microfilm equipment in the amount of $11,994 be approved. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn, and Wilkinson. Nays: None. 128 Sole Source Purchase of Electric Meters, approved Councilwoman Reeves made a motion, seconded by Councilman Wilkinson to approve the purchase of electric meters from the Westinghouse Electric Corporation in the amount of: $20,279.60. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell, Suinn, and Wilkinson. Nays:None. Citizen Participation 1. The Mayor recognized Mrs. Alice Tester from Rockford, Illinois visiting with Mrs. Jane Tester. 2. Mr. Harold Engel, 1132 South Bryan, spoke of the storm drainage problem in the area following the heavy rain on Tuesday. Mr. Roy Bingman, Director of Engineering Services, suggested a meeting with Mr. Engel to discuss the problem. 3. Mrs. Opal Sondburg, 1.20 South Grant, spoke of the new fences going up in her neighborhood, the low tree limbs and the poor condition of some of the sidewalks. 4. Mr. Bill Hanson, 1401 West Mulberry, representing the Sertoma Club. The club is seeking permission to build a bus stop on the Northeast corner of Prospect and 10iedbee. Mayor Russell suggested a meetin:- between Mr. Brunton, Les Kaplan, and Mr. Hanson. Final. site plan and Subdivision Plat of Northwood Aparunents PUD approved conditionally Associate Planner, Paul Deibel, described the area and review the history of this development for the Council. The Planning Staff's recommendation is approval. and conditioned upon the utility plans being approved. At the Planning and Zoning Board meeting it was discovered that there is presently an overload on the sanitary sewer trunk line which serves the drainage area. The Public Works Department has informed the Plaiuiing and Zoning Department that no certificates of occupancy will be issued until a relief line is in service scheduled for the spring of 1976. The developer does not feel that this is a problem to his construction time table. Mr. Ralph Harden, representing the developer, Federal Projects, Inc., spoke to the proposed project. Mr. 'Perry Fillippi spoke to specific questions of the Council such as the maintenance of the open spaces area. Councilman Bloom made a motion seconded by Councilman Bowling to approve the plat for Northwood Apartments PUD subject to final staff approval of the utility plans, plat and site plans. Yeas: Councilnnembers Bloom, Bowling, Gray, Reeves, Russell and Suinn. (Councilman Russell abstained) Councilman Wilkinson out of room. 1�Tays: None. Discussion of Master Plan for Park South PUD Rr. Les Kaplan, Director of Planning, reviewed the action to}:en on this plat by the Plamiing and Zoning Board, its recommendation to the County Plaraiing Coamlission. Mr. Kaplan then explained in detail to the Council the location of this PUD and the proposed project for the area. The fol.lowuig is the County Planning Staff recommendation to the County Conmlissioners: Staff Comments A. Impact 1) This development will be completely oriented toward the City of Fort Collins in terms of employment, shopping, and recreation, however, its development with district rather than City services virtually insures it will become a hurden on l.he City and her taxpayers in the Euture. 2) Development of this property with district services results in a wasteful duplication of lines. 3) Development of this property will result in cost to the County for widening Horsetooth Road, improving the existing railroad crossing, widening the existing bridge, and improving the intersection with shields. Mr. Kaplan advised Council that the reason this item was before the Council at the present time was not for review but for a recounnendation that the City pursue any legal means to mine) this land into Fort Collins or in some ikny to encourage the development of it to be consistent with City design regulations. The Plaiuiing and Zoning Board recommend to the Larimer County Planning Conmission is as follows: Planning and Zoning Board Recommendation: Strongly unanimous for denial. At its August 11, 1975, meeting, the City of Fort Collins Planning and Zoning Board voted unanimously to make strong recommendation that the master plan be denied and that the discussion of annexation of the site be reopened with the city. The Board is convinced that approval of the plan would not be in the best interests of the citizens of Fort Collins and Larimer.County or of the eventual residents of the proposal for the following reasons: 1.30 6 1. The project would be a direct extension of the city's urbanized area, which would not develop under the city's planning and engineering review criteria. There is no guarantee, for example, that Horsetooth Road will be improved as an arterial street as development occurs. The city likewise would have no direct input on how the street layout of the proposal will coalesce with the city's overall pattern. Moreover, if the area were eventually to annex, the city would inherit any design or maintenance problems, which the city's review requirements are geared to prevent. Residents of the area will use city parks without ever having paid a parkland acquisition fee, and so on. 2. The project would entail urban intensity development without the support services required in an urban environment. The South Fort Collins. Sewer District, by extending its lines northward, would make developmenr.at. urban._, density possible on this site, but the County will be saddled with. the:,'; ;, responsibility to provide urban support services, which it is ill-equipped:'" to do. This is particularly critical in terms of police and fire protection.' If, morever, the county is unable or unwilling to raise taxes to provide the level of service demanded by eventual residents of the development, the area would seek annexation, in which case the city would inherit develop- ment with any possible design problems or less than complete public facilities. 3. Development of the project would set the precedent for additional rezonings for urban density development in the surrounding unannexed area. Extension of the district's sewer line into the area would make such develop- ment feasible, :and the problems noted above would become critical, as this pattern of development spread and was reinforced. 4. The extension of the sewer district's lines out of the Fossil Creek drainage area and into an area already served by city sewer facilities tends to undermine the potential for an agreement among the City, County, and Utility Service Districts on an urban service district for the Fort Collins area. The Planning and Zoning Board is concerned about the current situation, in which a devloper can influence public land -use decisions by "playing off" the City, County, and Utility Service Districts against each other. Mr. Brwiton, City Manager, advised the Council that a meeting had been arranged with Amos Allard and with Bill Lopez regarding this matter. The Council members all expressed concern on the kinds of urban development and the inherited problems, and that a meeting with the County Commissioners be scheduled as soon as possible to find an equitable solution to these problems. Discussion on Consolidation of Qvertijne Parking Areas Director of rngineerinng Services, Roy Binmian, spoke to the discussions of the Traffic Committee and the following problems and possible solutions. 131 PARKING RESTRICTIONS AND ENFORCEISENT PROBLUIS Problems 1. A budget issue is the possible elimination of an_additional motorcycle,: estimatedat: $5000 per year (because of high maintenance costs). 2. The motorcycles could be eliminated only if there is consolidation of parking restrictions in the downtown area to permit enforcement by officers on foot. 3... At present there is 2-hour, 1-hour, 30-minute and 20-minute parking. The 2-hour and 1-hour could be enforced pretty much as it presently is. However, the outlying and ,..scattered 30 minutes and 15 minutes could not be enforced effectively under this system... -, 4. The parking restrictions in the area of Laurel and College, and farther south, could not be enforced by the parking officers, but would have to be enforced by the patrols the patrols are not able to mark tires; but can patrol metered parking. 5. Business people often request limited parking because of particular parking problems. These requests will.not stop and we will have to cons.ider.each on its merits. . Possible solutions 1. Go to foot patrol in downtown area for parking enforcement; outlying areas to be enforced by motor patrols - recognizing th9t the level of enforcement will drop some because of difficulty of identifying over -time parkers. 2..!Install meters where parking restrictions are necessary outside of the downtown -area, to 'permit better enforcement:. Meters are generally self supporting in,terms of "installation and operation. 3. Raise parking fines from the present $1 to some higher level (such as.$3).to.increase compliance. Chief Smith spoke of the installation of meters, downtown enforcement, and cost of operation of equipment. Councilman Wilkinson suggested as another possiile solution the elimination of parking on South College which the Council has already discussed in connection with the Downtown Redevelopment. Councilman Suinn inquired into the proposed locations for new meters and Division Chief Kelly advised Council that there has not been any definite decision in this area. Councilman Bowlin; advised that the merchants along= South College have been meeting to discuss this problem and would be presenting their plan 132 to the Council in the near future. Councilman Bloom referred to the following letter from Scott Larrabee and the Downtown Merchants Association: The Board of Directors of the Downtown Merchants Association has recently compiled data that we received on a questionnaire.tnat we sent to all the businesses in toe downtown Port Collins area. This question- naire centered on the parking and traffic problem that exists downtown. Through our efforts we have discovered that the prime violators, of the two hour parkins, are employees and some employers in the area. They insist upon parking in front of businesses and attempt to move their cars every two hours or feel that one or two dollars in fines is worth parking close in. This practice of all day packers is a definite detriment to our businesses and some action is needed. We have formulated a possible solution and feel it would prove to be a greater incentive for these offenders to park elsewhere. First, hire another person, whose only job would be to mark the cars in the downtown area. Second, along with the first, would be to make a revision in the fining system. The 1st offense in 30 days would constitute a fine of 11.00, the 2nd of vouid be 15.00, and the 3rd offense would be 010.00 and the forth offense within the 30 day period would constitute a tow away. We feel that this would prevent people from continually getting ;1.00 tickets and taking them off of their car. Ve also feel that the additional cost of the tickets would help the City defray any additional cost for tag- ging the cars and keeping track of their number of offenses. ::e will send you a copy of our compiled data, and we will enclose a map of possible places where these employees might park in the future. Your prompt attention to this matter will be greatly appreciated. City Manager Brunton explained to the Council that it basically was an administrative decision however, tacit approval from the Council was needed. Mayor Russell polled the Council and their consensus was to proceed with the plan as outlined. I'011011-up report to be presented at 19ork Session on September 9, 1975. Discussion on Auditorium Mr. Bill Holmes, City Land Acquisition Officer, introduced Mr. Doyle Snyder, representing Stearns-noger, the architects involved with the proposed Auditorium. Mr. Snyder talked at length about the conception of the Auditorium. 133 Mr. Mel Berke, Senior Designer for Stearns -Roger, showed slides showing the building design in coordination with the existing buildings, those being the Lincoln Jr. High Auditoriumn Building and the Indoor Sivirmming Pool. Mr. Berke also explained at length the design of the interior of the building. Mr. Jaffee from Christopher .Jaffee Accousti.cs, Inc., spoke of the program needs and acoustics needed for this auditorium. Mr. Jack Bartels, Production Manager from Stearns -Roger, reviewed the probable costs for the proposed auditorium, (complete report in Central Files), both for new construction and remodeling. Mr. Preston Davis, Chairman of D'PZ spoke in support of the plans submitted by Stearns -Roger. Ntc. Bruce Freestone, Director of the Open Stage, asked for an explanation regarding the amount set aside for equipment. Dr. Harry Uiifug, a member of the Fort Collins Symphony, stated that the first impression is very favorable. Mr. W. A. Schwartz, Director of the Fort Collins Symphony, stated he could see no major problems at the present. Mr. Porter Moods of the University stated that this facility would. not help the academic program at the University, but a good facility for the City. Mr. Jim Doyle, Director and Producer of the Northern Colorado Experimental Theater, complimented the architects in that this was one of the most workable community theaters lie has ever seen. Ms. Sheila .Jennings, Director of the Children's Theater, spoke to the "black box" and its equipment. Mr. Robert. Bratty from the University spoke to the requirements of the University and the needed teaching space if this were to be a shared facil- ity. Councilman Bowling inquired of Mr. Bratty if Colorado State University would help to fund this facility? Council was informed that there were no monies available to be applied to the Auditorium. Help would have to be supplied in the form of services. Mr. .Jaffee responded more in detail to the equipment and the "black box" question. Mayor Russell polled the Council for their comments: Councilman Wilkinson address the problem of how to get an auditorium and the possibility of a. City Hall Auditorium complex. Councilman Suinn stated that having received the projections of revenue 134 and projected expenses in the 7-year Capital Improvement Projects, the Audi.toriun is not the only improvement that will be under consideration. Counci.1iinn Suinn also inquired into the Phase l and Phase lI planning. COUnCiN0111an Reeves inquired of. Stearns -Roger if all of Phase I were needed immediately or if it would be spread out over a long period of time, Mayor Russell inquired into the design of the secondary lobbies and the versatility of the air conditioning and heating units. Councilwoman Gray inquired into the air conditioning and the phasing, particularly in the "black box" area, Mrs. Gray stated that her concerns Primarily are that the phasing has been well thought out, and are the optional items really optional or are they necessary. COu1Ci_lma11 howling stated be preferred not to address the budget or plans as presented but rather when the f.i.inal plans were presented he would then address the matter. lie did address the concept of the auditorium and the 7-Year Capital. Improvement Program.. Councilman Bloom addressed the on going cost of continuing the auditorium after construction and the costs for continuing the Capital Improvement Program adding that a very cautious approach be followed. Councilnman Bloom asked the Architects if Phase I and Phase A could be reversed. Mr. Frank Johnson thanked the representatives from Stearns -Roger and, Mr.. Jaffee for their tune and the presentation to the Council. Other Business Mayor Russell read into the record a letter :from Mrs. 1-- F. Monroe who is desirous of giving to the City a memorial in honor of her late husband, Mr. Edward F. Monroe. (Copy of letter in Central Files.) adjournment Councilman SuiTun made a motion, seconded by Councilman Bloom to adjourn tine meeting. Yeas: Councilmem'oers Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None. Myer - ATTEST : Deputy (':i t:y C (c, k " 135